auto accident attorney nebraska
Contact an experienced attorney right away If you've suffered injuries in a car crash. An attorney can explain your rights and assist you get the compensation you deserve.
All drivers are required to follow traffic laws. They are accountable if they breach this duty and cause harm.
Damages
In general there are two distinct kinds of damages that could result from an auto accident. The first, known as special damages, have a clear dollar value that is easy to calculate. Examples of special damages include medical bills as well as lost wages and repair work on vehicles are examples of special damages. The second kind of damage which is referred to as non-economic damage, is more difficult to quantify. They include things like pain and suffering.
In order to receive compensation for losses that are not economic, it is essential to to prove that the injuries suffered were serious enough to merit the compensation. This is a challenging task, and the injured party must be represented by an attorney.
The loss of enjoyment is one of the most commonly reported non-economic losses. It is typically a financial amount that represents a lower quality of life because of injuries resulting from accidents. This also can result in the inability of participating in certain activities, such as driving that were once enjoyable.
In rare cases, victims may be allowed to sue for punitive damages. These damages are intended to penalize the defendant and discourage any further actions which are as indecent. Punitive damages may not be available in all circumstances. A successful claim requires evidence that the defendant was acting with conscious disregard for others' safety.
Liability
If you are injured in an auto accident the person who caused your injuries is accountable to compensate you. This includes compensation for medical expenses or property damage, loss of income, and non-economic damages like pain and discomfort. In most cases, this will be the driver that caused the crash. It is not uncommon for the two drivers to share responsibility. Some states follow what is called comparative negligence laws. In these, jurors determine the percentage of fault each driver is responsible for and adjust the amount of damage in proportion.
It is essential that you show to the satisfaction an insurance company or a juror or judge that the incident occurred. This is known as the burden of proof. The burden falls on the person who makes the claim, which is the plaintiff and requires you to provide the evidence that demonstrates how your accident happened.
A government entity could also be held responsible for an accident. This can happen when a roadway has been poorly constructed or maintained, and this causes an accident. These kinds of claims are also known as roadway defect cases. These types of claims may also be brought by manufacturers. They may be responsible for car-related defects such as brakes, tires and mechanical failure.
At-fault driver citations
An officer can often determine the cause by analyzing the scene of the accident and interviewing witnesses. If they suspect that a driver is in violation of traffic laws, they might issue a ticket. Insurance companies also review police reports to help identify the source of the fault.
It is common for drivers to point fingers at each other after an accident. This can be detrimental. This could not only give the driver behind you a bad impression but could also lead to you admitting guilt in court.
In most car accidents there are at least two parties that share a certain amount of responsibility. The majority of states have modified comparative fault rules, which allow claimants to recover damages less their proportion of fault. Insurance adjusters can apply a traffic citation to increase a claimant's percentage of blame in an accident, which could limit their payment for injuries.
The fact that someone is mentioned following a car crash could be a strong proof that they were the cause of the crash. However, it is not an assurance of the outcome of an injury lawsuit. Depending on the circumstances of your case, you may require other forms of evidence to show that the negligence of another driver caused harm to you. You will need witness testimony, evidence from the scene of an accident and medical records to prove your injuries.
Police reports
When officers from the police arrive at a crash site and are asked to fill out an official report. The reports will contain both details and opinions recorded by the officers at the scene at the time the incident occurred. This is a crucial document to be included in any auto accident claim. Insurance companies will also review the report to determine fault and compensation.
Based on the jurisdiction, police reports could or might not be considered admissible in court. The police report contains testimony from people who aren't certified as witnesses. In order for these statements to be considered as evidence in a legal context they must be covered by one of the hearingsay exceptions under law.
A typical police report includes details about the driver, vehicles, and victims involved in the crash, as well as a description of the incident and any evidence found at the scene. The majority of police reports include the officer's opinions about what caused the crash and who is the most to blame for it.
If you are not hurt but you are not injured, it is in your best interest to always submit a police report after any accident that you are involved in even if it seems to be a minor. Not all injuries are apparent in a hurry and having a solid record can help in helping you claim the compensation you deserve for your medical expenses.